A92147:365
A treatise of civil policy
A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and privilege, in reference to the supreme prince and the people. / By Samuel Rutherford professor of divinity of St Andrews in Scotland.A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / By Samuel Rutherford professor of divintiy of St Andrews in Scotland.
London, : Printed and are to be sold by Simon Miller at the Star in St Pauls Church-yard near the West end., 1657 i.e. 1656
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
but notwithstanding there be such a covenant, it followeth not from this, saith Arnisaeus, that if the Prince break his covenant and rule tyrannically, the people shall be free, and the contract or covenant nothing. Ans. The covenant may be materially broken, while the King remaineth King, and the subjects remain subjects, but when it is both materially and formally declared by the States to be broken, the people must be free from their Allegiance; but of this more hereafter.
but notwithstanding there be such a covenant, it followeth not from this, saith Arnisaeus, that if the Prince breake his covenant and rule tyrannically, the people shall be free, and the contract or covenant nothing. Ans. The covenant may be materially broken, while the King remaineth King, and the subjects remaine subjects, but when it is both materially and formally declared by the States to be broken, the people must be free from their Allegiance; but of this more hereafter.
Arg. 7. If a Master bind himself by an Oath to his servant, he shall not receive such a benefit of such a point of service; if he violate the Oath, his Oath must give his servant Law and right, both to challenge his Master, and he is freed from that point of service; an Army appointeth such a one their Leader and Captain, but they refuse to do it, except he swear he shall not betray them to the enemy, he doth betray them, then must the soldiers be loosed from that contract; if one be appointed Pilate of a ship, and not but by an Oath, if he sell the Passengers to the Turk, they may challenge the Pilate of his Oath; and it is clear that 1. the estates should refuse to give the Crown, to him who would refuse to govern them according to Gods Law, but should profess that he would make his own will a Law, therefore the intention of the Oath is clearly conditional. 2. When the King sweareth the Oath, he is but King in fieri, and so not as King above the States of Kingdoms, now his being King doth not put him in a case above all civill obligation of a King to his subjects, because the matter of the Oath is, that he shall be under them so far, in regard of the Oath of God.
Arg. 7. If a Master bind himselfe by an Oath to his servant, he shall not receive such a benefit of such a point of service; if he violate the Oath, his Oath must give his servant Law and right, both to challenge his Master, and he is freed from that point of service; an Army appointeth such a one their Leader and Captaine, but they refuse to doe it, except he sweare he shall not betray them to the enemy, he doth betray them, then must the souldiers be loosed from that contract; if one be appointed Pilate of a ship, and not but by an Oath, if he sell the Passengers to the Turke, they may challenge the Pilate of his Oath; and it is cleare that 1. the estates should refuse to give the Crown, to him who would refuse to governe them according to Gods Law, but should professe that he would make his owne will a Law, therefore the intention of the Oath is clearely conditionall. 2. When the King sweareth the Oath, he is but King in fieri, and so not as King above the States of Kingdomes, now his being King doth not put him in a case above all civill obligation of a King to his subjects, because the matter of the Oath is, that he shall be under them so farre, in regard of the Oath of God.